Ohio Supreme Court reviews Daley's rejection for board

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by Laura Freeman

Reporter

Hudson -- Former Hudson Council President Brian Daley will have to wait until April for a decision about serving on the Summit County Board of Elections.

"If I don't obtain this position, it won't be devastating to me, but the principle here is important," Daley said.

The Summit County Republican Executive Committee voted March 3 to challenge Ohio Secretary of State Jennifer Brunner's decision to appoint Bath attorney Donald Varian to the election board instead of its choice of Daley, said Angela McMillen, executive director for the Summit County Republican Party.

The executive party filed a writ of mandamus with the Ohio Supreme Court March 3 asking for the appointment of Daley, McMillen said. The committee provided Daley's qualifications to the Supreme Court and argued that Daley was dismissed as its candidate without a hearing.

Summit County Board of Elections Director Marijean Donofrio said Varian began his duties for the Summit County Board of Elections and was named chair of the board March 5.

Donofrio was named as director, replacing Bryan Williams.

Three board of election employees were not rehired, including an assistant to the former director and two front office clerks. Donofrio said board employees work at the discretion of the board.

After Brunner, a Democrat, refused to reappoint Alex Arshinkoff, who had served on the board for 29 years, the Summit County Republican Party Executive Committee submitted Daley's name to Brunner for approval, which she rejected Feb. 29.

Daley served one four-year term on Hudson City Council, with two years as president, before he was defeated at the polls in November.

Instead Brunner chose Varian to serve as one of four members of the Summit County Board of Elections. His term began March 1.

Daley said that Brunner failed to maintain the two-party system.

"This matter is much larger than just the denial of my nomination to the board of elections," Daley said. "I believe it threatens the future of the two-party system in our state -- when a Democrat can ignore the wishes of the local Republican party and name her own favorite Republican. I hope the Ohio Supreme Court will provide appropriate relief in this case."

Brunner wrote her reasons for not approving Daley in a Feb. 29 letter to Alex Arshinkoff, chair of the Summit County Republican Party Executive Committee.

"I have before me evidence concerning certain characteristics and past public actions of Mr. Daley that leads to the conclusion that he would not be a competent member of the board as is required to perform these and other board of elections' duties," Brunner said in her letter. "This information further convinces me that he does not possess the temperament required for competent service as a board of elections member."

McMillen said Varian's unilateral Republican appointment by Brunner was not approved by the Summit County Republican Executive Committee.

Although the Summit County Republican Executive Committee filed with the Ohio Supreme Court to suspend reorganization of the board of elections, the Supreme Court is allowing Varian to go ahead and perform the duties of a board member, McMillen said.

McMillen said they asked the Ohio Supreme Court to make an expedited opinion in the next few weeks.

The Clerk of Courts office at the Ohio Supreme Court said evidence for the case needs to be filed by March 14.

The Summit County Republican Executive Committee needs to file a brief in five days, and Brunner then files a brief within ten days. The executive committee can reply five days after Brunner's brief. After everything is filed by both parties, the court will consider a decision based on the evidence and briefs.

The board of elections has four members, Republicans Varian and Jack Morrison and Democrats Wayne Jones and Tim Gorbach.

E-mail: lfreeman@recordpub.com

Phone: 330-688-0088 ext. 3150